TESA Group Pty Ltd

[2017] FWCA 5165

[2017] FWCA 5165

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

TESA Group Pty Ltd
(AG2017/4381)

TESA GROUP PTY LTD - CFMEU MINING AND ENERGY DIVISION CERTIFIED AGREEMENT 2005

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 5 OCTOBER 2017

Termination of the TESA Group Pty Ltd - CFMEU Mining and Energy Division Certified Agreement 2005.

[1] On 22September 2017, TESA Group Pty Ltd applied to terminate the TESA Group Pty Ltd - CFMEU Mining and Energy Division Certified Agreement 2005 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

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